Analysis of the Civil Law 2022

Running head: CIVIL LAW
CIVIL LAW
Name of the Student
Name of the University
Author’s Note

CIVIL LAW1
To
Jimmy Smith
In response to the questions regarding the involved civil court proceedings the following
issues need to keep in mind:
1. Determine which court in your state would an action be brought where the monetary
value of the claim was $35,000.00?
A various range of courts are present there in the structure of courts in Queensland which
also includes the Magistrate Courts, the District Courts and the Supreme Court. The Magistrate
Courts have the power of hearing the cases in over 138 locations of the state, and the District
Courts and the Supreme Court sits in 38 and 11 locations respectively (www.courts.qld.gov.au,
2019). According to Rule 3 (1) of the Uniform Civil Procedure Rules 1999, the civil
proceedings can be brought in the Magistrate Courts, the District courts and the Supreme Court.
However, in this scenario, the civil suit which claims a monetary value of $35,000 needs to be
filed in the Magistrate Court.
2. Analyse the civil process in your state to commence proceedings as well as all time
limitations for the filing and service of all pleadings including the claim/application,
notice of intention to defend, defence and/or counterclaim and reply.
Part 1 of the Uniform Civil Procedure Rules 1999, provides the rules in relation to the
commencing of any civil proceeding. Rule 8 (1) of the Uniform Civil Procedure Rules 1999,
states that a proceeding can be started only when the court issues the process of originating. As
provided by Rule 8 (2) of the Uniform Civil Procedure Rules 1999, certain types of the
processes are regarded as the originating processes which are, application, claim, notice of

CIVIL LAW2
appeal and notice of appeal subjecting to leave. Rule 19 of the Uniform Civil Procedure Rules
1999 lays down the provision which states that the applicant or the plaintiff or the solicitor of the
person needs to sign the process of originating. According to Rule 20 of the Uniform Civil
Procedure Rules 1999 one originating process’s copy need to be filed by the applicant or the
plaintiff in the court which the court needs to keep with it. Rule 22 of the Uniform Civil
Procedure Rules 1999 lays down the provision stating the claim needs to be in an approved
form 2. It further states that the plaintiff needs to briefly state in the proceeding the claim’s
nature or the relief sought; attachment of claim statement; statement stating the Magistrate Court
or the District Court concerned having the jurisdiction; the claim along with the attachment
needs to be served to each of the defendant. Rule 23 of the Uniform Civil Procedure Rules
1999 lays down a provision which states that a notice of intention to defend must be included in
the statement and filed within a time of 28 days starting from the day of service of the claim as
per Rule 137 of the Uniform Civil Procedure Rules 1999. Any default judgment might be
obtained by failing to so such. Rule 24 of the Uniform Civil Procedure Rules 1999 provides
the rule for the claim’s Duration and renewal. Rule 149 of the Uniform Civil Procedure Rules
1999 states the provisions regarding pleadings whereas Rule 150 of the Uniform Civil
Procedure Rules 1999 states the provisions regarding the matters which are to be pleaded
specifically.
3. Analyse and explain the discovery process in your jurisdiction including how documents
and information are obtained from both sides?
Rule 17 of the Uniform Civil Procedure Rules 1999 lays down the provision regarding the
contact and address details for the service of notice. It states that the applicant or plaintiff needs
to give the business or residential address of the applicant or plaintiff; in case of the applicant or